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RECENT CHANGES IN SECURITY LAWS IN TEXAS
By: Johnny Atkinson
I have been involved in the private security industry in Texas since 1987. Throughout those years I have worked with numerous property owners and business managers on issues concerning security at their locations.
I am continually surprised at the number of individual business owners and managers who enter into contracts for private security services with limited or even incorrect information concerning those contracts. Many are unaware of the state laws governing such transactions and the liability they may have incurred by failing to comply with state law.
Business owners and managers can limit their liability by making certain that the security company that they deal with is licensed by the Texas Private Security Board, (TPSB). All Texas private security services contractors are required to be licensed with TBPS, a division of the Texas Department of Public Safety (DPS).
All private security services contractors who receive a license to provide security services in Texas are issued a license number by the TPSB. They must include that number on all advertising and printed materials. Anyone may check with the TPSB to make certain that a company is in compliance with state laws by referring to that number when making inquiries.
In order for a company to receive a license they must meet certain criteria set forth by the state legislature. They must have a licensed manager who has demonstrated that they have worked in the field for several years. That manager must pass a test demonstrating their knowledge of the laws governing their profession. They also must attend annual continuing education classes, pass a criminal background check and maintain liability insurance.
Each of the security officers at a licensed security company must also pass a criminal background check. The security company must maintain liability insurance on their employees. Before a private security officer may carry a weapon, they must have additional training, pass an additional test, and be certified by the board to carry a weapon.
During the past session of the Texas Legislature, some of the laws governing security officers in Texas changed. The new laws went into effect on September 1, 2003. In the wake of 9/11, I expect to see further regulation of the Security services industry nation wide. Texas has been somewhat of a leader in this effort.
Before the new laws took effect, many of the state laws governing security officers did not apply to private employers that chose to employ their own security officers. Those companies were required to operate under a �Letter of Authority� from the state board. Under that Letter of Authority, those individuals were not required to meet most of the educational requirements or pass the criminal background check.
Under the new law any individual serving as a security officer for private companies must meet all state criteria, including registration, criminal background checks, training and the liability insurance requirements.
There is also much confusion concerning the hiring of law enforcement officers to work as private security officers. Many employers believe that their liability is limited by hiring law enforcement officers. But that is not the case. The employer has consistently been held liable for the actions of the law enforcement officers while working off-duty as private security officers.
It is also against state law for a law enforcement officer to be paid directly for the services of other law enforcement officers (no subcontracting). The private employer of the law enforcement officers must maintain an employee / employer relationship with
each individual off-duty law enforcement officer.
Another misconception is that law enforcement officers working as private security officers can make an arrest while a private security officer cannot. This is not true; they each have the same authority while working as private security officers on private property.
In recent years many employers who have been operating in violation of the state laws governing private security may have done so with little worry of being caught. This is largely due to the fact that the previous agency charged with enforcement of the rules was under staffed and under funded.
But as of February 1, 2004 that has changed. The Texas Department of Public Safety has now been charged with the task of regulating and enforcing the laws governing private security. I expect to see increased enforcement regarding unlicensed security operations and closer monitoring of off-duty police employment.
If you would like to make sure that you are in compliance or if you have questions concerning the new laws or any other matter concerning private security in Texas, you may contact the Texas Private Security Board at
www.tcps.state.tx.us or the Associated Security Services and Investigators of the State of Texas, (ASSIST), at
www.assisttexas.org
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